Terms of Service
Understand the contractual rules, machinery mobilization fees, geotechnical exclusions, and payment milestones governing our industrial and civil works projects.
1. Acceptance of Terms
By accessing, browsing, or utilizing the services of LIT AGISTA COMPANY LIMITED ("Lit Agista", "we", "us", or "our"), including this website (litagista.com), you acknowledge that you have read, understood, and agreed to be bound by these Terms of Service. These terms constitute a legally binding agreement between you (the "Client", "Visitor", or "User") and Lit Agista. If you do not agree with any portion of these terms, you must immediately terminate website utilization and refrain from engaging our services.
- Applies to all estimations, material bids, quarry logistics, and civil engineering consultations.
- Complements formal engineering contracts (FIDIC or custom joint venture terms) signed between the parties.
- Governs digital submissions and physical interactions at our project sites and corporate offices.
2. Scope of Services Offered
Lit Agista provides professional engineering, heavy construction, and material supply services across Ghana, including but not limited to:
- Road Construction: Grading, asphalt paving, drainage installations, culverts, and rehabilitation works.
- Building Construction: Residential, commercial, industrial complexes, and civil concrete works.
- Mining Services: Site preparation, heavy earthmoving, trenching, haulage, and structural support.
- Quarry Operations: Production, sale, and transport of crushed aggregate stones, gravel, and sand.
3. Estimations, Site Inspections & Price Fluctuations
All quotes, cost proposals, and preliminary pricing indicators provided on our website or via email are initial estimations based on client-provided descriptions, sketches, or Bills of Quantities (BQs). They do not constitute firm contracts until the following conditions are met:
- Mandatory Site Inspection: Lit Agista engineers must conduct physical evaluations of the site topography, soil structure, and accessibility prior to signing binding agreements.
- Geological Surveys: Quarry bids and mining support contracts may require chemical or geotechnical evaluations of rock properties.
- Material Fluctuation Clause: In light of volatility in market pricing for construction materials in Ghana (specifically bitumen, cement, rebar steel, and haulage diesel), Lit Agista reserves the right to adjust final contract rates to match verified wholesale cost indexes before actual site mobilization.
4. Client Obligations: Land Titles & Zoning Permits
The Client holds absolute legal responsibility for proving ownership and securing regulatory permits before Lit Agista deploys heavy machinery. Unless explicitly outlined in a signed Project Management Agreement, the Client must guarantee:
- Land Title Clearness: Verifiable land ownership and clear site boundary markings to prevent boundary encroachment disputes.
- Zoning and Assembly Clearances: Securing municipal building permits, planning board permissions, and right-of-way clearances from Local Government Assemblies (MMDAs).
- Utility Markings: Identifying and notifying us of existing underground layouts (water lines, fiber optics, high-voltage ECG lines) prior to excavation.
5. Payment Milestones & Mobilization
Payment frameworks are tied to project progress milestones. We require mobilization deposits before moving heavy equipment to the site. Typical milestone frameworks (subject to adjustment in specific engineering contracts) are outlined below:
| Project Milestone Stage | Typical Payment Percentage | Key Deliverables |
|---|---|---|
| Mobilization Deposit | 30% of contract sum | Equipment transit, site clearance, temporary structures setup. |
| Substructure / Subgrade | 30% of contract sum | Foundation pouring, grading, drainage channels, base layers. |
| Superstructure / Pavement | 30% of contract sum | Blockwork, slabs, asphalt laying, aggregate compaction. |
| Retention / Handover | 10% of contract sum | Practical completion review, held during 6-month defects liability period. |
- Certificates of Progress: Milestone payments are triggered by progress certificates certified by supervising engineers.
- Equipment Idling: Delays in payment schedules exceeding fourteen (14) calendar days entitle Lit Agista to halt site operations, with the Client liable for machinery idling/demurrage fees.
- Retention Fund: The 10% retention is released upon completion of the defects liability period, less any costs incurred for rectifying structural defects.
6. Subsurface Geotechnical Risks
Excavation and grading operations are heavily dependent on ground conditions. While we exercise standard civil engineering precautions, Lit Agista is not liable for costs associated with unmapped subterranean obstructions:
- Subsurface Rocks & Boulders: The discovery of massive hard rock outcrops requiring blasting or specialized pneumatic breakers will result in a variations order, adjusting contract timelines and pricing.
- High Water Tables / Mud: Unanticipated high water tables or swampy soil pockets requiring soil stabilization (e.g., geogrids, stone filling) will result in extra material costs billed to the Client.
- Subterranean Utilities: We are not liable for accidental ruptures of water pipes or electrical conduits that were not documented on municipal drawings or clearly marked by the Client.
7. Health, Safety & Environmental (HSE) Rules
Lit Agista operates in high-risk environments, including active quarry sites and heavy road works. Safety protocols are non-negotiable and strictly enforced:
- PPE Requirements: All clients, visitors, or inspectors entering our project perimeters must wear Personal Protective Equipment (hard hats, steel-toe boots, high-visibility vests).
- Unauthorized Presence: The Client and their representatives must not enter excavation zones, quarry pits, or operate machinery controls without direct supervision by our Safety Officer.
- Minerals Commission & EPA Compliance: We strictly adhere to Ghanaian mining safety regulations and environmental guidelines. We reserves the right to eject any individual who violates site safety policies.
8. Intellectual Property & Technical Designs
All conceptual drawings, architectural layouts, structural design files (CAD/BIM), soil test analyses, and blasting patterns generated by Lit Agista or our subcontractors remain the exclusive intellectual property of LIT AGISTA COMPANY LIMITED.
- License to Use: Upon full payment of contract invoices, the Client is granted a non-transferable, non-exclusive license to use the drawings for the specific project site described in the contract.
- Design Limitations: Our designs may not be copied, reproduced, or used for other construction projects without our written permission.
9. Delays & Force Majeure
Heavy civil works and material transport are susceptible to external disruptions. Lit Agista is excused from performance delays caused by events beyond our reasonable control (Force Majeure):
- Climatic Conditions: Severe weather patterns, including the West African monsoon season, heavy rainfall, or regional flooding that prevents safe earth compaction.
- Supply Chain Disruption: National shortages of bulk materials like bitumen, cement, or steel, and fuel rationing.
- Government Directives: Delays due to municipal inspections, regulatory freezes, community land disputes, or unexpected national strikes.
10. Governing Law & Dispute Arbitration
These terms, and all contracts stemming from them, are governed by and construed in accordance with the Laws of the Republic of Ghana.
- Amicable Negotiation: In the event of a contractual disagreement or dispute, both parties commit to a mandatory 30-day period of amicable consultation to resolve the issue.
- Arbitration: If negotiation fails, disputes will be resolved through arbitration under the Alternative Dispute Resolution Act, 2010 (Act 798) of Ghana. The place of arbitration shall be Accra or Takoradi, and the language shall be English.
- Jurisdiction: The courts of Ghana shall have final jurisdiction over any dispute requiring judicial enforcement.
11. Contract Administration & Inquiries
For questions, contract clarifications, or material supply agreements, please contact our management team:
- Company Name: LIT AGISTA COMPANY LIMITED
- Registered Office: Enchi-Achimfo, Ghana - P. O. Box EN95
- Phone Helpline: +233559087095 / +233558848559
- Official Email: litagistacompany@gmail.com
- Business Hours: Monday - Friday (8:00 AM - 5:00 PM GMT)
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